TERMS OF USE

Brahmin provides this site to you subject to the following terms of use ("Terms"). Please read these terms carefully before using the Brahmin website (Site”) as they create a legally binding agreement between you and Brahmin regarding your use of the Site.

 

If you visit or shop at Brahmin.com, you accept these Terms and Brahmin’s Privacy Policy. If you participate in any of Brahmin’s loyalty programs, including but not limited to its Rewards, Ratings and Reviews, Refer a Friend, and/or Visual Commerce programs (collectively, the “Loyalty Programs”), or if you participate in any contests held by Brahmin, you also agree to Brahmin’s Privacy Policy, these Terms and the Terms of Use for the applicable Loyalty Program or contest. Please read all Terms and the Privacy Policy carefully.

If you purchase products on the Site or participate in any, or all, of the Loyalty Programs, you agree that we may provide you with notices concerning Brahmin or this Site electronically, including notice to any email address that you may provide. The “Site” includes, and these Terms apply to, the Site, Brahmin.com itself, and any mobile app, web pages, interactive features, other applications, widgets, blogs, social networks, social network "tabs," or other online or wireless offerings that link to these Terms, whether accessed via computer, mobile device or other technology, manner or means.

• Our Terms May Change. Brahmin may update these Terms from time to time. If a material change is made, we will post a notice on the Site or send you a notification. Read through any changes, and if you don’t agree to them, please stop using the Site. If you continue to use the Site after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law. 
• Terms of Sale. By making any purchase with Brahmin, you also agree to the Terms of Sale that apply in your state or region.
• Privacy Policy. Our Privacy Policy. describes the collection and use of personal information on the Site and applies to your use of the Site.

 

REGISTRATION RULES

You must register on the Site to use certain of its functions, or to participate in the Loyalty Programs. During registration you will be required to provide contact information including an email address, user name and password.

·      You can select any username, except that your username cannot confusingly attempt to impersonate another person or be offensive in any way. Brahmin reserves the right to reject or remove a user name. You consent to your user name being shared with others.

·      When registering you agree to provide accurate and current registration information.

·      Do not register for more than one account, register an account on behalf of someone else, or transfer your account.

·      Inform Brahmin immediately of any unauthorized use of your account. You are responsible for any activity associated with your account – with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, BRAHMIN IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT

 

AGE OF USERS

Children under the age of 18 may not use this Site, and parents may not agree to these Terms on their behalf. If Brahmin becomes aware that a child under the age of 18 has provided, or attempted to provide, us with personal information we will use our best efforts to remove this information permanently from our files.

 

INTELLECTUAL PROPERTY

All content included on this site, such as text, graphics, logos, button icons, videos, scripts, designs, and images, is the property of Brahmin or the property of our content suppliers and is protected by United States and international trademark and copyright laws. All software and code used on this site is our property or the property of our service provider or suppliers, and are protected by United States and international copyright laws. Brahmin reserves all rights not expressly described in these Terms.

 

USE OF THE SITE

You may use this Site for personal, non-commercial use only. You represent and warrant that you will not download (other than page caching) or modify the Site, or any portion of it, except with our express written consent. You agree you will not use this Site or its contents for resale or commercial use without Brahmin’s express, written consent. You agree you will not: (i) copy, reproduce, make derivative works, distribute copies, perform or display the contents of the Site, including trademarks, logos, product listings, descriptions, prices, photographs, images or video content; (ii) download or copy of account information other than your own; (iii) use data mining, robots, or similar data gathering and extraction tools; or (iv) frame or utilize framing techniques to enclose any Site content including trademarks, logos, product listings, descriptions, prices, photographs, images or video content. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates your permission to use this Site and its features, and Brahmin reserves the right to terminate your access to this Site at any time.

 

CUSTOMER CONTENT AND IDEMNIFICATION

Visitors may submit reviews, suggestions, ideas, comments, questions, photographs, images, videos or other information (“Customer Content”), so long as the Customer Content is not illegal, obscene, threatening, defamatory, invasive of the privacy or others, infringing of intellectual property rights, objectionable or otherwise injurious to third parties. We reserve the right to monitor Customer Content, as we deem appropriate, and to remove any material that, in our sole discretion, may be illegal, may subject us to liability, may violate these Terms, or are, in our sole discretion, inconsistent with our purposes for the Site.

You represent and warrant that:

• you are responsible for the Customer Content you submit, and that your Customer Content does not violate these Terms or the Terms of Use of any Loyalty Program;
• the Customer Content you submit does not infringe any third party copyright, patent, trademark, trade secret, other proprietary rights, or rights of publicity or privacy of a third party;
• you voluntarily waive all moral rights you may have in the Customer Content with respect to Brahmin, including the right of attribution, the right to anonymous publication, and the exclusive right to make derivative works of the Customer Content;
• you were not compensated or granted any consideration by a third party in exchange for posting the Customer Content;
• the Customer Content does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam," or any information that references other websites, addresses, email addresses, contact information, phone numbers or third party Personal Information (defined in the Privacy Policy);
• the Customer Content does not violate any law, statute, ordinance or regulation, including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising; and
• that the Customer Content is accurate and is not, or will not reasonably be considered to be, misleading, inaccurate, false, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership or corporation, or reasonably like to cause harm or injury to any person or entity.

Brahmin is not responsible for Customer Content others post to the Site. Customer Content is owned by whoever created it, but when Customer Content is posted on the Site you license it to Brahmin as described below:

If you submit Customer Content, you grant Brahmin a nonexclusive, royalty-free, perpetual, irrevocable, transferrable, sublicensable, worldwide license right to use any Customer Content, to copy, reproduce, prepare derivative works, distribute, publicly display, and perform all Customer Content throughout the world in any media now known or hereafter devised. This exploitation may include, without limitation, use of your Customer Content to endorse Brahmin or third-party products and services. Additionally, you further grant Brahmin a nonexclusive, royalty-free, perpetual, irrevocable, transferrable, sublicensable, worldwide license to exploit your name, alias (e.g. a username, Twitter or Instagram handle), likeness, personality, voice, and any other materials or information you submit to Brahmin in connection with your use of the Site or participation in any Loyalty Program including, but not limited to the likeness of any person that appears in the Customer Content, or any of the concepts or ideas contained in the Customer Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights.

Brahmin has the right, but not the obligation, to monitor, edit or remove any Customer Content. Brahmin takes no responsibility and assumes no liability for any Customer Content posted by you or any third party.

 

LICENSE TO USE IDEAS

You understand that any Customer Content you send Brahmin or provide through the Site including, but not limited to, comments, feedback, or ideas are provided on a non-confidential basis and you grant to Brahmin a perpetual, worldwide license to use all Customer Content you may share with Brahmin, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.

 

You hereby irrevocably waive any and all rights to seek or obtain any injunctive or other equitable or compensatory relief against Brahmin for its use or exploitation of the Customer Content or your name, alias, likeness, personality, or any other materials you submit in connection with your participation in a Loyalty Program or otherwise.

You agree to indemnify and hold harmless Brahmin, its officers, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers, including but not limited to Social Annex, (collectively, “Brahmin”) from all claims, demands, and incidental and consequential damages, including reasonable attorneys' fees, resulting from your use of the Site, the Customer Content you supply, breach of your representations and warranties set forth in these Terms or in any Loyalty Program Terms of Use, your violation of any law, or your violation of the rights of a third party. Brahmin reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which you agree to cooperate.

 

PRODUCT DESCRIPTIONS

We attempt to be as accurate as possible. However, Brahmin does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in unused condition.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; BRAHMIN OR THIRD PARTY SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF NOTIFIED IN WRITING OF THE POTENTIAL FOR SUCH DAMAGES.

YOU MAY NOT ASSERT ANY CLAIMS FOR MONETARY DAMAGES ARISING FROM YOUR USE OF THIS SITE OR ITS CONTENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

In addition to the disclaimers, exclusions and limitations contained in the Terms, to the extent permissible under applicable law, Brahmin disclaims responsibility for and will not be liable for: (i) your ability or inability to upload or download any Customer Content onto the Site; (ii) technical problems or malfunctions that affect the Site or viewing of the Customer Content; (iii) lost, faulty, illegible, distorted, jumbled, garbled, delayed, or intercepted or otherwise un-received Customer Content or data transmissions; (iv) unauthorized tampering, interference, hacking activities or viruses, bugs, worms or illicit code; or (v) any condition beyond Brahmin ’s control.

COMPANY ACTIONS REGARDING VIOLATIONS

Brahmin reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your access and/or account. Brahmin may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Except as may be expressly limited by the Privacy Policy, Brahmin reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. You also agree to reimburse Brahmin for any damage, loss, cost or expense incurred (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the Site for any unlawful or prohibited purpose.

 

APPLICABLE LAW AND VENUE

By visiting the Site, you agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between us. Any dispute relating in any way to your visit to the Site or to products or services sold or distributed by Brahmin shall be adjudicated in any state or federal court in the Commonwealth of Massachusetts, and you consent to exclusive jurisdiction and venue in such courts.

 

MODIFICATION, SEVERABILITY & ASSIGNMENT

These Terms, the Privacy Policy, and the Loyalty Programs Terms of Use posted on this Site supersede all previous agreements. Brahmin may change or discontinue the Site; its content, services, functions or features; and these Terms, the Privacy Policy, or the Terms for any of the Loyalty Programs at any time without notice. You can review the current Terms and Privacy Policy by clicking the applicable link. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Brahmin may assign the Terms and the Loyalty Program Terms, or delegate any of its rights or obligations, or any part thereof, to any third party, including its successor in interest, without requiring your written consent. You may not assign your obligations under these Terms in whole or in part. These Terms and the Loyalty Program Terms shall be binding upon and shall inure to the benefit of the parties and their heirs, executors, administrators, successors, and assigns.

 

INTERNATIONAL USE

Brahmin makes no representations that the Site or its content is appropriate or available for use in locations outside the United States. If you chose to access the Site from a location outside the United States, you do so on your own initiative and you are responsible for compliance with local laws.

 

COPYRIGHT INFRINGEMENT –

DIGITAL MILLENNIUM COPYRIGHT ACT

Brahmin may terminate the accounts of Site users found to infringe third party copyrights.

If you believe that your work has been improperly copied to the Site, such that it constitutes infringement, please provide Brahmin with the following information:

(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;

(2) a description of the copyrighted work that you claim has been infringed;

(3) a link to or description of the location of the material sufficient to allow Brahmin to find it on the Site;

(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Brahmin's agent for notice of claims of copyright or intellectual property infringement can be reaches as follows:

Address: 77 Alden Road, Fairhaven, MA 02719

Phone: 508-994-4000

 

Mobile Terms & Conditions

 

Brahmin offers its customers mobile alerts regarding promotions, sales, offers, alerts, and cart reminders by SMS message (the "Service") on 81673. By participating in the Service, you are agreeing to these Terms and to the  Privacy Policy.

 

Signing Up and Opting-In to the Service

 

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Brahmin reserves the right to stop offering the Service at any time with or without notice.

 

By opting into the Service, you:

 

A. Authorize Brahmin to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).

B. Acknowledge that you do not have to agree to receive messages as a condition of purchase.

C. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.

D. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, contact customer_service@brahminusa.com. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

 

Content You May Receive

 

Once you affirm your choice to opt-in to the Service on 81673, your message frequency may vary. You may receive alerts about:

A. Sale promotions

B. Event information

C. Product launch announcements

D. Cart reminders

E. Back in stock alerts

F. Price drop alerts

G. Low inventory alerts

 

Charges and Carriers

 

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

 

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Brahmin may add or remove any wireless carrier from the Service at any time without notice. Brahmin and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

 

To Stop the Service

 

To stop receiving text messages from Brahmin, text the word STOP to 81673 any time or reply STOP to any of the text messages you have received from Brahmin. This is the exclusive method for opting out. After texting STOP to 81673, you will receive one additional message confirming that your request has been processed.

 

Questions

 

You can text HELP for help at any time to 81673. This will provide you with our customer service email address at customer_service@brahminusa.com.

 

Changes to Terms

These Mobile Terms and Conditions are subject to change at any time without notice.

 

CONTACT US

We welcome any comments or questions you may have. Please contact us with your comments or questions by phone at 1-800-229-2428, or by email at: customer_service@brahminusa.com.